Trending post
John Fisher
Bullet point
Follow
Corporate Trainer General Manager

Conflict of interest

I was working for a restaurant that is buffet style, also offering catering services. My direct supervisor ( Market Leader) also owns/operates a catering service outside the restaurant. He orders from the restaurant's food service to be billed on our invoice, then pays the cost of the products. He has gained customers within the restaurant. He has promoted himself in the restaurant, used the employees and adjusted his and an employee's schedule to fit his needs. Although stating right on the menu that catering service is available, he has done nothing to promote this. I was recently terminated for "conflict of interest" by the Market leader for looking at a restaurant with the possibility of owning/operating. I stated that it was just something I was looking into, and if it happens, I would give notice. Talked to owner and he said he stands by his decision. I was told at the beginning of my shift that the end of day would be my last and told I must complete my shift. I asked about my vacation pay that is coming in 12 days. He said that is a possibility. An hour later, I was so upset, I asked my General Manager who was also very upset and crying if she would send me home. The market leader, then stated if I go home then vacation pay that is a possibility now, no longer would be. So I stayed. I asked for someone to come in and verify monies and collect my keys. I was told I was trusted to do this and he felt there was no need. There was a need, the cash was short and no way to tell when it was short because the manager I relieved did not do a reconciliation. Does anyone believe I have a case of wrongful termination? I cannot find an attorney in this area.

2
28 Comments
about 10 years ago
Like
Comment
Share
Patti Jugovich
Bullet point
Follow
Edi Specialist It Support at Minnetonka Moccasin

Contact the BBB and report and also any state provided services on employment compensation. Many state employment agencies have lawyers that will help (for free) in situations like this. I am not certain of all IL employment laws but I believe that you are able to collect unemployment if you are "let go" in IL unless there were negotiated agreements at the beginning of your employment at this company. If there are no legal documents involved and the employee handbook doesn't state that there is an issue in what you performed as duties, you should contact an attorney.

10y
Like
Reply
See all replies
Michaela Andrews
Bullet point
Follow
Nursing Supervisor Operations Manager at One Call Care Management Inc

John I recommend you research the Department of Labor government website (https://www.dol.gov/) They answer most questions and have reputable links for other avenues.

Also, if you were employed for greatr than 3 months apply for unemployment benefits while you are looking for a better job!

Good luck I hope this helps.

Michaela

Link
10y
Like
Reply
Michaela Andrews
Bullet point
Follow
Nursing Supervisor Operations Manager at One Call Care Management Inc

John You need to research the Department of Labor (https://www.dol.gov/ ) site and this will give you most of the answers you seek. They also have reputable links. I would also apply for unemployment benefits if you have worked there longer than 3 months.

Hope this helps and good luck.

Link
10y
Like
Reply
Dorothy McCabe
Bullet point
Follow

Good luck its your word against his

10y
Like
Reply
1
Michael G
Bullet point
Follow

Consult you employment commission in your state; Lawyers will either say no or cost you. There are hefty fines for ripping off employees, and the threat from the state will usually get better results. As for wrongful termination, the best way to get quicker compensation is to apply for unemployment comp., so they will have to either provide facts of why you were dismissed, or lie to the state. Also, if you have names of witnesses on you behalf, that would help curb any lying on their part. The fines themselves are enough to make them capitulate. Do not get an atty; go to you state's employment commission. Good luck!

10y
Like
Reply
1
Michael G
Bullet point
Follow

You need to contact your state's employment commission, tell them everything you can, and apply for unemployment compensation. You will get nowhere with a lawyer, except pay for nothing. There are heavy fines for ripping off employees, so the threat from the state makes it easier to receive your rightly earned wages rather than fighting a losing battle with law firms. Go to the employment commission and FILE A GRIEVANCE. Do not hesitate. Do not get a Lawyer, unless you can afford to lose! Good luck, and don't listen to the idiots telling you to go legal; the state of Ohio is your representative and advocate.

10y
Like
Reply
1
Dawn Shields
Bullet point
Follow

Hello John, It's sad to say but it's a at will job meaning you can be let go at anytime for almost any reason unless you were discriminated for your age,sex,religion, race, ect... and you stated the owner stood by his supervisor decision so you did what you needed to and that was talking to the owner, but if he hired his supervisor to to a job duty 9x out of 10 the owner is going to stand behind the supervisor's decision. So in my opinion you don't have a case and maybe that's why you can't find a attorney who is willing to take it. It's just really hard to prove wrongful termination and if a lawyer feels he can't win he won't take the case unless your paying for the attorney yourself. Only thing you can do is just saddle up and look for a new job or get into your own business. I hope the best for you, I'm sorry you were let go but there is really nothing you can do. Good luck in finding a job who has better supervisor's who treat there employers better.

10y
Like
Reply
1
See all replies
Katrina D
Bullet point
Follow

It's still a conflict of interest regardless of whether or not he's transfered the business to his girlfriend. This is customer poaching. One cannot willfully or blatantly solicit customers from a former or current employer. If you have sufficient evidence of customer soliciting by an employee that has not yet been terminated, you should pursue your legal options.

10y
Like
Reply
2
H Nguyen
Bullet point
Follow
Sr Mechanical Engineer at Communications Power Industries

John,

Your supervisor has violated the rule and regulations of your company. He should get canned not you. Private matter should conduct during his own time. Using company resource for personal benefit is illegal. Get in touch with labor lawyers. Good luck.

10y
Like
Reply
2
See all replies
George Harmon
Bullet point
Follow
Delivery Driver at Safer Deliveries Company

Wrongful Termination has a broad range. It includes a lot,but after hearing your story, if sited correctly, you have a very strong case. You can find most Attorneys willing to handle your case on-line. They will work on commision with no consultation fees required. They only get paid if you do. I would also tell them all the rest, bringing up All past on your employer. Leave nothing out. Let's face it suits are an ugly business. As ugly as what they did to you. Don't back down because it gets dirty. You'll do future employees a favor if you take it all the way.

10y
Like
Reply
1
See all replies
See more comments
Add